Gonzales, Sergio Daniel

• Court: Court of Criminal Appeals of Texas
• Decided: June 18, 2014
• Docket: WR-62,485-03
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

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NO. WR-62,485-03

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EX PARTE SERGIO DANIEL GONZALES, Applicant

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ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 03-CR-00000278-C IN THE 197TH DISTRICT COURT

FROM CAMERON COUNTY

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            Per curiam.

O R D E R

            Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the clerk of the trial court transmitted to this Court this application for a writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of aggravated assault and sentenced to ten years’ imprisonment. The Thirteenth Court of Appeals affirmed his conviction. Gonzales v. State, No. 13-12-00077-CR (Tex. App.—Corpus Christi 2012, no pet.).

            Applicant contends, among other things, that plea counsel failed to investigate evidence that could have impeached the complainant. On July 24, 2013, we remanded this application and directed the trial court to order the District Clerk to forward the supplemental police reports that were the evidentiary basis of Applicant’s claim. On November 25, we received the supplemental record. We believe that the record is not sufficient to resolve Applicant’s claim. If Officer Saul Ochoa’s internal affairs report exists and is available, the trial court shall order the District Clerk to forward a copy of the report to this Court. If the report does not exist, the trial court shall certify that it does not exist.

            This application will be held in abeyance until the record has been supplemented. The supplemental record shall be forwarded to this Court within 60 days of the date of this order. Any extensions of time shall be obtained from this Court.

Filed:  June 18, 2014

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